SB196,,112023 SENATE BILL 196
April 3, 2023 - Introduced by Joint Legislative Council. Referred to Committee on Health.
SB196,,22An Act to renumber 457.16 (1); to renumber and amend 440.03 (13) (c) and 457.12; to amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405 (7c) (a) 4., 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab) 4., 48.56 (2), 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f), 252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a), 257.01 (1) (b), 303.08 (1) (f), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094 (1) (c) 14., 440.15, 446.01 (1v) (m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10., chapter 457 (title), 457.01 (intro.), 457.01 (1g), 457.01 (1w), 457.01 (2r), 457.01 (7), 457.02 (intro.), (1), (2), (3), (4) and (6) (c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1), 457.04 (1), (2), (3), (4), (5) (a) and (b) and (7), 457.04 (6), 457.04 (7), 457.06 (intro.), 457.09 (2) (b) and (4) (b) 1. and 2., 457.12 (title), 457.13 (1) (c), 457.14 (1) (f), 457.15 (3), 457.20 (1) and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (dm), 632.89 (1) (e) 4., 800.035 (2m), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); and to create 14.896, 440.03 (11m) (c) 2u., 440.03 (13) (c) 1. i., subchapter I (title) of chapter 457 [precedes 457.01], 457.01 (1t), 457.01 (5m), 457.12 (1m) (bm) and (2m) to (4m), 457.16 (1) (b), 457.18 and subchapter II of chapter 457 [precedes 457.50] of the statutes; relating to: ratification of the Counseling Compact.
SB196,,33Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in the bill.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
SB196,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council’s Study Committee on Occupational Licenses.
This bill ratifies and enters Wisconsin into the Counseling Compact, which provides for the ability of a professional counselor to become eligible to practice in other compact states. Significant provisions of the compact include the following:
1. The creation of a Counseling Compact Commission, which includes one member or administrator of the licensure boards of each member state. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating binding rules for the compact, employing officers and employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff.
2. The ability for a professional counselor to obtain a “privilege to practice,” which allows a professional counselor to practice professional counseling in another compact state (remote state) if the professional counselor satisfies certain criteria. The compact specifies a number of requirements in order for a professional counselor to exercise a privilege to practice, including holding a professional counselor license in a home state, not having any encumbrances or restrictions against a license or privilege in the previous two years, and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state. A professional counselor practicing in a remote state under a privilege to practice must adhere to the laws and regulations, including the scope of practice, of that state. A remote state may, in accordance with that state’s laws, remove a professional counselor’s privilege to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. If a professional counselor’s license is encumbered, the counselor loses the privilege to practice in all remote states until certain criteria are satisfied. If a professional counselor’s privilege to practice in any remote state is removed, the counselor may lose the privilege to practice in all other remote states until certain criteria are satisfied.
3. The ability of member states to issue subpoenas that are enforceable in other states.
4. The creation of a coordinated database and reporting system containing licensure and disciplinary action information on professional counselors. The compact requires all home state disciplinary orders that impose adverse actions to be reported to the commission. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.